Kerala HC closes contempt proceedings against former MLA R. Rajesh
The suo motu contempt proceedings were initiated by a Single Bench stating that prima facie the former MLA had used insinuation and intemperate language in his FB post on July 6, to interfere with court proceedings and to scandalise the court.
A Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar closed the contempt of court proceedings, by allowing a discharge application. For this, the court cited procedural violations in the initiation and conduct of the proceedings against him.
Mr. Rajesh appeared in person for Wednesday's hearing, during the course of which his counsel contended that the contempt proceedings were initiated in violation of the contempt of court legislations. His counsel said the Single Bench had not only initiated the proceedings, but also framed charges and issued notice before the matter was placed before the Chief Justice for the allocation of an appropriate Bench. He went on to cite Supreme Court and Kerala High Court rulings that emphasised the need for strict adherence to procedural rules in contempt proceedings.
The counsel further submitted that contempt petitions ought to be placed before a Division Bench, as per rules.
In his FB post, written in Malayalam, Mr. Rajesh had said the 'Centre was trying to destroy and control the State's higher education sector. Chancellors are tasked solely to politically control universities, while they appoint Vice-Chancellors even without considering their qualifications. The HC Bench that hears university cases deliberately appoints staunch Sangh Parivar supporters.'
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